Judge denies state's request for stay of gay marriage ruling

Oct. 11, 2013

Written by

John Schoonejongen

@CapitolQuickies

What it means

Troy Stevenson of Garden State Equality said the decision, as written, means that same-sex couples could begin applying for marriage licenses on midnight Oct. 21. New Jersey law, however, requires a 72-hour waiting period between obtaining a license and getting married. Practically, that means same-sex couples seeking licenses on Oct. 21 may not be able to marry until Oct. 24. Stevenson said, however, that some towns may give special exemptions. “I’m not an expert on each municipal law, but there will be places where people will be getting married on the 21st if there is no stay on this decision,” Stevenson said.

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A state Superior Court judge’s denial of the state’s request for a stay in her order to legalize same-sex marriage has advocates hoping that gay couples will be able to marry by the last week of October.

The state, however, immediately appealed the denial, leaving open the question of whether Judge Mary C. Jacobson’s Oct. 21 deadline for allowing same-sex marriage will stand.

The state requested the stay and appealed Jacobson’s Sept. 27 ruling that the state’s civil union law effectively denied gay couples equal rights. But Jacobson denied the request “because of the irreparable harm that would be caused to Plaintiffs by the granting of a stay.”

The ruling is a blow to Gov. Chris Christie’s administration, which has sought to defend and enhance the state’s civil union law. Christie, as recently as a Tuesday night gubernatorial debate, said he believes marriage is between a man and a woman and that any change in the law should be put to a vote rather than legalized by judicial decree or legislative action.

In the state’s appeal of Jacobson’s denial of the stay, the state Attorney General’s Office follows Christie’s argument.

“(T)he Supreme Court recognized that the issue of how to define marriage has far-reaching social implications, and alteration of the traditional definition of marriage would render a profound change in the public consciousness of a social institution of ancient origin,” the state’s appeal reads.

The administration’s appeal of the stay denial was made to the Appellate Division, rather than the state Supreme Court. But the state is still seeking a Supreme Court expedited review of Jacobson’s Sept. 27 ruling.

Same-sex marriage advocates said the judge’s stay denial does not mean they can rest on seeking a legislative solution.

Christie had vetoed a 2012 bill that would have legalized same-sex marriage. Democrats in the Legislature have been seeking enough votes to override that veto, but even though several GOP lawmakers have decided to support an override, more are votes needed to reach the two-thirds of members needed.

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New Jersey United For Marriage Campaign Manager Mike Premo said his group was making progress on coaxing more lawmakers to support an override. The judge’s decision, he said, would give that effort more momentum.

The state in its appeal argued the denial of a stay would result in irreparable injury. Jacobson, the assignment judge in Mercer County, disagreed, saying any harm to the state “pales in comparison to the concrete harm caused to Plaintiffs by their current ineligibility for many federal marital benefits, and the signficant litigation burden they would have to shoulder to challenge federal denial of marital beneifts to civil union couples.”

Her denial of the stay was considered a victory by the advocacy groups seeking legalized same-sex marriage.

“This is wonderful news!” said Hayley Gorenberg, the deputy legal director of Lambda Legal who filed the brief seeking to legalize gay marriage. “The court’s decision once again confirms that the hardships of not being able to marry are real and immediate.”

John Tomicki — executive director of the League of American Families, an organization that does not favor legalized same-sex marriage — said Jacobson’s denial was expected.

“We hope that the Supreme Court will take the case quickly so that the full constitutional issues that are now presented can be heard,” Tomicki said.

Lambda Legal’s brief was filed after the U.S. Supreme Court struck down the federal Defense of Marriage Act in June, saying the law wrongly denied federal benefits to gay couples married in states with legal same-sex marriage.

New Jersey, however, only allows gay couples to enter civil unions, which made them not eligible for federal benefits under the Supreme Court ruling. Lambda Legal sought summary judgment declaring that the state’s civil union law denied legal rights granted to other same-sex married couples under the federal court decision. The state opposed Lambda Legal’s brief, which was filed on behalf of several same-sex couples and Garden State Equality, the state’s largest gay rights organization.